2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Education and Training)

2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Education and Training)

An Act to amend the University of Canberra Act 1989

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the University of Canberra Amendment Act 2005.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the University of Canberra Act 1989.

(2) If the council considers that it is necessary to appoint extra members of the council to enable the council to exercise its functions efficiently, the council may appoint up to 3 people as members of the council.

Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

(6) The maximum period that a person can be a member of the council is 12 years (whether consecutive or not) unless the council otherwise decides to extend the maximum period for the person.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

(1) A person is not qualified to become or remain a member of the council if the person—

(a) is under 18 years old; or

(b) is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations); or

(c) is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or

(d) is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.

(2) Disqualification under subsection (1) (c) or (d) ends on the later of the following:

(a) 5 years after the date of the person’s conviction;

(b) 5 years after the date of the person’s release from prison.

(1) In exercising the functions of a member of the council, a council member must—

(a) act always in the best interests of the university as a whole; and

(b) act honestly and for a proper purpose; and

(c) exercise reasonable care and diligence.

(2) Also, a member of the council—

(a) must avoid conflicts of interest; and

(b) must disclose to the council, in accordance with section 14 and the statutes, any conflict between the member’s interests and the university’s interests; and

(c) must not improperly use the member’s position, or information obtained because of the member’s position, to—

(i) gain an advantage for the member or someone else; or

(ii) cause detriment to the university or someone else.

(3) The duty under subsection (1) (a) must be observed in priority to any duty a member may owe to those electing or appointing the member.

(4) The council may, by resolution passed by ²/3 of the members of the council for the time being, remove a council member from office if the member fails to comply with a duty under subsection (1).

a direct or indirect pecuniary interest

an interest

(other than the vice-chancellor)

(ab) is removed from office under section 12A (4) (Duties of members of council); or

(3) A person is not eligible to be appointed as the chancellor if the person is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations).

or another person

(4) A person is not eligible to be appointed as the vice-chancellor if the person is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations).

pecuniary interests

interests

Presentation speech made in the Legislative Assembly on 2005.

Notified under the Legislation Act on 2005.

For the latest republication of amended laws, see www.legislation.act.gov.au.